Lampman v. Van Alstyne
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Ozaukee’ county: A. Soott Sloan, Circuit Judge. Action of ejectment to recover possession of about six and one-half acres of land in the S. W. of "the S. W. ■£ of section 1, township 15, range 20, in Sheboygan county, Wisconsin.
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Appeal from a judgment of the circuit court for Ozaukee’ county: A. Soott Sloan, Circuit Judge. Action of ejectment to recover possession of about six and one-half acres of land in the S. W. of "the S. W. ■£ of section 1, township 15, range 20, in Sheboygan county, Wisconsin. The Mullet river flows through the forty-acre tract mentioned, entering it on the west line about twelve chains- and twelve links north of the southwest corner; thence running in a southeasterly direction, so that, at a point about halfway across the forty, it is about six chains and forty-four links north of the south…
1Opinion of the CourtMaRshall, J.
There are several reasons assigned for reversing the judgment appealed from, the most important of which will be treated in their order.
1. That there was no evidence of adverse possession such as the law requires. It is a familiar principle of law that evidence of adverse possession must be clear and positive, and that it should be construed strictly, and every reasonable presumption made in favor of the true owner. Sydnor v. Palmer, 29 Wis. 226; Ayers v. Reidel, 84 Wis. 276. But the char’acter of the possession, whether the facts exist or not, making it adverse, so as to ripen into a title…
2Cases cited18 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Livingston v. Peru Iron Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Sands v. . HughesNew York Court of Appeals · 1873
- McMillan v. WehleWisconsin Supreme Court · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
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- Illinois Steel Co. v. BudziszWisconsin Supreme Court · 1900
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- McCann v. WelchWisconsin Supreme Court · 1900
- Todd v. WeedSupreme Court of Minnesota · 1901
22 more not listed; retrieve them via the Exa API.